The Corporation of London, Its Rights and Privileges Part 1

The Corporation of London: Its Rights and Privileges.

by William Ferneley Allen.

PREFACE.

Some apology is necessary on the part of one whose acquaintance with civic affairs is of such recent date, for presuming to stand forth as the champion of the fights and privileges of the City of London.

No man of common spirit, however, could tamely submit to the insulting charges and coa.r.s.e insinuations with which the Corporation has long been a.s.sailed by malevolent or ignorant individuals. That the civic system is free from spot or blemish, no one in his senses would pretend to a.s.sert. But it may honestly and truly be a.s.serted that the Court of Aldermen have both the power and the inclination to amend whatever is defective, and to introduce whatever reforms are desirable, without the irritating and officious interference of the imperial legislature. The system may not be perfect, for it is of human origin; but its administrators are men of upright character, practically conversant with the requirements of trade, and animated by am earnest desire to promote the interests of their fellow-citizens.

Why, then, are they not intrusted with the honourable task of gradually improving the machinery of the civic government, and of completing the good work they have long since spontaneously inaugurated? It might, perhaps, have been better had this pamphlet never taken form and substance. A feeble advocate endangers, and oftentimes loses, the best possible cause; but still, out of the fulness of the heart the mouth will speak, and pour forth sentiments and feelings that no longer brook control. This, at least, is the only excuse that can be offered for troubling the public with the opinions of a comparative novice.

7, LEADENHALL STREET, July 26th, 1858.

INTRODUCTORY SKETCH.

London under the Romans--Gilds--Burghs--Charter of William the Conqueror--Reflections--Subsequent Charters--City divided into Wards--Civic Hospitality--The Quo Warranto Case--Restoration of the Charter.

The first historical notice of the City of London occurs in that portion of the Annals of Tacitus which treats of the insurrection of Boadicea. At that time it was a place much frequented by merchants, attracted partly by the natural advantages of the site, and partly by the vicinity of the Roman camp at Islington. It is stated that 70,000 persons, of both s.e.xes and of all ages, were ma.s.sacred by that fierce heroine in London and at St. Albans; but it must not be supposed that the ordinary population of those two towns could have formed so large an aggregate. It is far more probable that numbers of old men, women, and children flocked thither from the neighbourhood, in the hope of escaping from the violence and rapine of the patriot army. Their expectations, however, were disappointed, as the Roman general deemed it more prudent to evacuate an untenable post, than to risk the dominion of the entire island on the event of a battle fought under adverse circ.u.mstances. At the same time the slaughter of the inhabitants justifies the inference that they were foreigners rather than natives, some being traders from Gaul, but the majority either Roman colonists or the followers and hangers-on of the stationary camp. Indeed, it may be gathered from the description of Tacitus, that these traders were chiefly commissariat contractors and brokers or money-changers. The Romans do not appear to have evinced a high order of commercial instinct, nor to have looked upon the development of trade as one of the chief objects of government. Their mission was to overrun other nations, and to prevent them from indulging in internecine warfare. To them mankind are therefore indebted for the preservation of whatever civilization was then extant, and for stopping the retrogressive course of the human race. This was particularly observable in their conquest of Greece and the kingdoms of Asia Minor, where incessant quarrels between rival cities and princ.i.p.alities had checked the progress of the arts, sciences, and literature. Content to conquer in battle, and, as the just reward of their superior prowess, to impose tribute and a governor, they seldom interfered with local customs and usages. Perhaps one great secret of their marvellous success was this systematic abstinence from intermeddling with the local administrations. The principle of self-government was never more fully appreciated than by this remarkable people, who, sending forth consuls, vice-consuls, and prefects, yet left to the conquered the management of their own affairs and the guardians.h.i.+p of their own interests. Not even in the most corrupt days of the empire was it attempted to absorb the patronage of every department and province for the benefit of a few, under the pretext of imparting greater vigour to the administration of public affairs by centralization. It was not deemed wise or necessary to const.i.tute central boards for the direction of matters with which not a single member might, possibly, be acquainted. They did not aim at an ideal perfection, but were satisfied with doing what was practicable, and with a large average of general prosperity. To each civitas--corresponding to our phrase of "city and county"--was a.s.signed the regulation of its own domestic policy, by means of annual magistrates, a chosen senate, and the general a.s.sembly of the free inhabitants. Through this wise policy of non-interference, the City of London rapidly acquired wealth and importance, and before the evacuation of the island by the Romans, had attained a position of considerable grandeur. The civic inst.i.tutions of the Saxons were, indeed, admirably suited for the adaptation of the munic.i.p.al customs bequeathed to them by their predecessors, and which became developed to their full proportions through the greater amount of individual liberty that prevailed among the Germanic races.

Of the purely Teutonic inst.i.tutions, one of the most characteristic was that of Gilds. Originally, a gild was nothing more than an a.s.sociation of ten families, for purposes of mutual protection and security. By the custom of "frankpledge," every freeman at the age of fourteen was called upon to give securities for his good behaviour.

Gilds were therefore formed, binding themselves to produce the offender if any breach of the peace was committed by one of their members, or to give redress to the injured party. To carry out these objects a small fund was raised, to which every one contributed; and thence was derived the name of the a.s.sociation: "gildan," in Saxon, signifying to pay. With a view to becoming better acquainted with one another, and to draw more closely the bands of friends.h.i.+p, convivial meetings were held at fixed periods, when a vast quant.i.ty of beer was quaffed in honour of the living, and to the memory of the dead. In after-times this truly Saxon inst.i.tution a.s.sumed greater proportions, and embraced both ecclesiastical and secular gilds. Of the former it is unnecessary to make further mention, but the latter formed the germ of the present livery companies. The earlier secular or mercantile gilds were a.s.sociations of members of a particular trade or craft, for the purpose of maintaining and advancing the privileges of their peculiar calling. The term was also applied to a district or "soke,"

possessed of independent franchises, as in the case of the Portsoken Ward, which was anciently known as the Cnighten Gild. A "soke," or soca, it may be incidentally observed, was the territory in which was exercised the soca, or the privilege of hearing causes and disputes, levying fines, and administering justice within certain limits.

The practice of gildating or embodying the aggregate free population of a town was of considerably later date. In France and in Flanders, corporations and communes, or commonalties, appear to have existed in the middle of the eleventh century, but the earliest mention of the Corporation of London occurs in the second year of the reign of Richard I. Availing himself of the king's absence in the Holy Land, his brother John, Earl of Moreton, anxious to acquire the co-operation of the city of London in his traitorous designs upon the crown, convened a general a.s.sembly of the citizens, and confirmed their ancient rights and privileges by a formal deed or charter. It was then, for the first time, that the commonalty of the city was regularly and officially recognized as a corporate body. The distinctive rights of a town corporation were the election of a council presided over by a mayor or bailiff, a common seal, a bell to convoke the citizens, and local jurisdiction.

But although it was not before the reign of Richard I. that the citizens of London were formed into a body corporate, they had enjoyed, as the inhabitants of a free burgh, the immunities and many essential privileges of a corporation, from the time of Edward the Confessor, if not of Alfred. Without stopping to discuss the etymology of the word "burgh," it may suffice to observe that at the period of the Conquest by far the greater part of the cities and towns of England were the private property of the king, or of some spiritual or secular lord, on whom they had been conferred by royal grant. These burghs, as they were called, were said to be held in demesne, and paid to their superior certain tolls, duties, and customs, levied on goods exposed for sale at markets and fairs. The inhabitants were actually little better than villeins or serfs, and were entirely at the mercy of their feudal lord. Immense, therefore, were the advantages possessed by the free burghs, such as London, which governed themselves, and compounded for all dues by the payment of a fixed annual sum. These annual contributions were styled the "farm," and, when perpetual, the burghs so compounding were said to be held at fee-farm of the king in capite, as was the case with London. One of the chief privileges implied by this tenure was that of exercising an independent jurisdiction, both civil and criminal, administered by magistrates chosen by the burgesses. It is supposed that criminal law was originally dispensed in the free gilds into which the city was divided, under the presidency of an alderman. These divisions were afterwards called wards, and were a.n.a.logous to the corresponding division of the s.h.i.+re into hundreds. In each ward was held a court-leet, or ward-mote, dating from the time of Alfred, though the actual inst.i.tution of wards by that name is no later than the reign of Edward I. Civil causes, in London at least, were tried before a peculiar tribunal, the president of which was probably the portreve, or, in minor causes, an alderman.

The Norman Conquest naturally suspended for a time all these privileges, and reduced all free towns to the level of burghs in demesne. Desirous, however, to secure the good will of the citizens, William hastened to a.s.sure them of his protection, and to confirm their prescriptive rights and immunities. Thus ran the gracious expression of the royal pleasure:--"William the king greets William the bishop, and G.o.dfrey the portreve, and all the burghers within London, French and English, friendly. And I make known to you that I will that ye be law-worthy, as ye were in the days of King Edward.

And I will, that each child be his father's heir after his father's days. And I will not suffer that any man command you any wrong.

G.o.d keep you."

The import of this charter was to make the citizens "free tenants,"

reserving to the king the seigniory, or proprietary t.i.tle. The epithet "law-worthy" is equivalent to a declaration that they were freemen, for in the feudal ages none other were ent.i.tled to the forms of law; while the right of heirs.h.i.+p apparently exempted them from the rule of primogeniture which prevailed among the Norman conquerors;--it is probable, however, that this exemption did not long hold good.

In other respects the citizens of London continued to be governed by their own laws and usages, administered by their own magistrates after the ancient and established forms. A nucleus of liberty was thus preserved amidst the tyrannical usurpations of the Norman barons, and the bold burgesses many a time stoutly resisted the encroachments that were attempted to be made on their hereditary rights. At all periods of English history, indeed, have the citizens of London stepped forward as the champions of freedom, and shown themselves the incorruptible guardians of the public interests. Never at any time, however, was there greater necessity for a st.u.r.dy bulwark against the growing power of the oligarchy than at the present moment. Little by little--or, rather, by rapid strides--does the Government seek to get within its grasp the control of every department of the commonwealth.

To-day, the East-India Company is abolished, for the sake of the "better government of India;" to-morrow, the Corporation is to be "reformed," for the "better government" of the City; the day after, some other long-established inst.i.tution will be swept away.

There is nothing so repugnant to a ministry as whatever savours of self-government; for how. in that case can the "Dowbs" be provided for? So long as the citizens manage their own affairs, there is no patronage at the disposal of ministers to bestow on a faithful or a wavering partisan. Young "honourables" and other needy scions of the governing cla.s.ses have little ambition to undertake civic duties, while they are only onerous and expensive. Let the wedge be first applied. Let "reform" worm its way into the const.i.tution of the Corporation, and then by degrees the whole edifice may gradually be subverted. Stipendiary magistracies and paid offices of any kind, if not too laborious, are always acceptable for sons, nephews, cousins, and influential supporters. The danger from this quarter is in truth greater than when Norman William had the island prostrate at his feet, and when the liberties of the City hung upon his word. That word went forth to save and to preserve. The stern warrior respected the rights of the industrious burgesses, and by his wisdom paved the way for the future greatness of the metropolis. But theoretical and doctrinaire statesmen are willing to risk all for the sake of consistency to certain arbitrary first principles, which do not apply to the spirit of the British people.

The charter of William the Conqueror, the reader will have remarked, alludes in a very general manner to the liberties and privileges enjoyed by the City. The first detailed and specific notice of their character occurs in the charter of Henry I. In the early part of his reign, being anxious to fix himself securely in his seat, the usurper conveyed, or confirmed, a grant to the citizens to hold Middles.e.x to farm for the yearly rental of 300 pounds; to appoint their own sheriff and their own justiciar; to be exempt from various burdensome and vexatious taxes in force in other parts of the kingdom; to be free from all denominations of tolls, customs, pa.s.sage, and lestage, throughout the kingdom and along the seaboard; and to possess many other equally important privileges. This valuable charter was renewed by King Stephen, during whose stormy and troubled reign the metropolis enjoyed a degree of prosperity unknown to the rest of the kingdom.

The comparative peace and security which distinguished the happy lot of the citizens of London, have been justly attributed to the maintenance of their ancient inst.i.tutions, which may be said to have grown out of the habits, requirements, thoughts, and feelings characteristic of the Anglo-Saxon race. Nor were the Londoners unconscious of their power, or ungrateful to their benefactor. It was chiefly through their influence and exertions that the empress was finally driven out of the kingdom, and Stephen established on the throne. Henry II. confirmed the purport of preceding charters, and added some further immunities, concluding with the declaration that their ancient customs and liberties were to be held as of inheritance from the king and his heirs. They became, therefore, the property of the citizens, and were bequeathed from father to son, as a cherished heirloom. It is true that under Richard I. they were exposed to some extortion, for which they received ample amends during the reign of his weak and inglorious successor. Not only did they obtain five different charters confirmatory of their ancient privileges, together with the restoration of the sheriffwick, usurped by the last three monarchs, but also the first formal recognition of the mayoralty. These favours, however, did not render them untrue to the general interests of the nation, or betray them into a corrupt acquiescence with the absolute tendencies of the Crown. At that time, as at all others, while duly reverencing the royal prerogatives, they resolutely opposed themselves to the undue aggrandizement of the kingly power at the expense of the other estates of the realm. It was within the precincts of the City, at the metropolitan church of St. Paul's, that the articles of Magma Charta were first proposed and accepted by acclamation, the citizens binding themselves by oath to defend and enforce them with their lives. Nor was it for themselves alone that they were prepared to shed their blood. Their solicitude extended to all other cities and towns throughout the kingdom, for the preservation of whose free customs and immunities they expressly stipulated. During the long feeble reign of Henry III., no fewer than ten charters were granted to the citizens of London. In the thirty-first year of that monarch, the mayor and commonalty of the City of London are mentioned for the first time as a corporate body, possessing a common seal.

The reign of Edward I. was rendered memorable for the convocation of the first parliament of the freely-elected representatives of the people, for the purpose of voting the supplies necessary for the conduct of public affairs. Previously to this, grants of money were usually obtained through the personal influence of the barons over the cities and towns held in demesne. The burgesses, however, did not sit with the knights of s.h.i.+res, but apart by themselves, and, through loyalty or obsequiousness, a.s.sessed themselves in a contribution nearly one third greater than that granted by the barons and knights.

The convenient precedent was not overlooked, and it became henceforth customary to expect the like liberality from subsequent parliaments.

At this period, also, the princ.i.p.al divisions of the city were first denominated wards; these wards were presided over by an alderman, a.s.sisted by a council chosen by the inhabitants of each division. In the twelfth year of his reign, Edward, incensed by what he considered the disrespectful conduct of the civic magistrates, disfranchised the city, and governed it for twelve years through means of a custos.

The experiment, however, did not answer, and the king was glad to restore the liberties of the City on payment of a heavy fine.

At a later period, the mayor and sheriffs successfully resisted a second attempt to infringe on the privileges of the citizens.

Under the second Edward, London continued to maintain its ascendancy over all the other cities in the kingdom, and it was now for the first time authentically ordained, that no person should be held to enjoy civic freedom unless he were a member of some trade or "mystery,"

or admitted by full a.s.sent of the commonalty a.s.sembled.

Two remarkable incidents marked the reign of Edward III. in connection with the City of London; the Lord Mayor was now const.i.tuted, by royal charter, one of the judges of oyer and terminer and gaol-delivery at Newgate. The ancient trading gilds also became developed into the present livery companies, so called, because a peculiar uniform was chosen by each. They were then likewise denominated crafts or mysteries, their president being styled a warden; the t.i.tle of alderman being now reserved for the chief magistrates of wards. It may, too, be worthy of note that, in the 28th year of this reign the city serjeants received permission, when engaged in their official duties, and on great ceremonial occasions, to bear maces of gold or silver, with the royal or other arms thereon. We are told that this was considered a most flattering distinction, and that the mace-bearer, by virtue of his office, was deemed an esquire.

So gladly did our valiant and victorious kings of the olden times avail themselves of every opportunity to do honour to the liberality, courage, and fidelity of the wealthy and intelligent burgesses of London.

After various unsuccessful attempts to establish a representative form of government, it was at length decided, in the seventh year of Richard II., at a special convocation of the whole community of citizens, that there should be both a deliberative and an elective a.s.sembly. The latter, of course, consisted of the aggregate body of citizens, anciently designated immensa communitas, or folkmote, who were annually to elect four persons at the wardmote for each ward to represent the commonalty on all occasions of a deliberative nature.

During the early part of this reign the City of London had no reason to complain of any lack of royal favour. Afterwards, however, Richard was guilty of many attempts at extortion, and even seized upon the franchises of the City, on the pretext of a riot, notwithstanding that the first charter of his grandfather, Edward III., had debarred such forfeiture as the consequence of individual misconduct. These acts of oppression very naturally and justly alienated the attachment of the Londoners, and prepared them to give a hearty welcome to Bolingbroke.

This good-feeling was maintained throughout the reign of Henry IV., who testified his grat.i.tude by the grant of several valuable privileges.

A like cordial understanding between the citizens and their sovereign existed under Henry V., and the City, in consequence, increased in opulence, population, and influence. Guildhall was built, and the streets were lighted at night by public lanterns. The halcyon days, however, of the City of London must be referred to the reign of the fourth Edward. The citizens never wavered in their attachment to his fortunes, nor did that gay and gallant monarch ever exhibit any coldness of feeling--at least, towards their fair dames. Of Richard III.

it is unnecessary to speak, and even of Henry VII there is little to be said, save that he never omitted an opportunity of fleecing the citizens and replenis.h.i.+ng his exchequer.

Under Henry VIII. the City of London earned the honourable distinction of being the only body of men in the realm who dared to resist the king's systematic abuse of the royal power. Henry had revived the unconst.i.tutional practice of imposing taxes without the consent of the Commons; but the citizens opposed his illegal demands with such resolution that he was compelled to desist for the time and to proceed with greater caution for the future. Another distinguis.h.i.+ng feature of this reign was the profuse extravagance of the citizens on ceremonial occasions. The chronicles of the period teem with marvellous descriptions of the pomp and pageantry displayed whenever a royal or ill.u.s.trious personage honoured the City with a visit. In modern times this semi-barbarous love of ostentation has been superseded by a genial and dignified hospitality, that has tended in no slight degree to increase the fame and influence of that important quarter of the metropolis. Each successive sovereign of this great empire has accepted with grateful pride the magnificent demonstrations of loyalty tendered by the faithful burgesses. Foreign potentates and amba.s.sadors have equally deemed it an honour to receive the congratulations of these princely traders at their sumptuous banquets, celebrated throughout the world. The ministers of the day feel their position to be insecure until it has been ratified by the acclamations of the citizens, and the hospitable attentions of the civic magistrates.

Statesmen and warriors, poets and historians, men of thought and men of action, are all stimulated to exertion by the honourable hope of being distinguished by the burgesses of London, and enrolled in the lists of freemen. On such occasions the city magnates hold high festival, and by their graceful hospitality inspire every breast with generous sympathy. Formal and priggish persons are said to exist who object to the cost of such entertainments, and, in the spirit of Judas, ask why, instead of purchasing these dainty cates, the money is not distributed among the poor. Is it possible that they do not perceive that every farthing spent on these stately banquets finds its way into general circulation, benefiting almost every branch of trade, and giving employment to thousands of artisans? To hear them speak, one would suppose that the cook and the butler alone profited by such occasions, whereas it is strictly and literally true that not a single gala takes place in the City without the circulating medium percolating through every warehouse, magazine, shop, and stall within the Bills of Mortality. Independently of this consideration, these civic feasts are symbols of those great old Saxon inst.i.tutions which have made England the home and guardian of liberty. Our hearty and large-souled ancestors never dreamed of weighing every miserable coin, or of stinting the measure of their generous wines or foaming ale.

They gave not less to the poor because they delighted to honour the brave and good, or to greet one another in the loving cup. Unlike the coldly intellectual reformers and theorists of the present day, they did not consider the gaol and the workhouse as the only asylums for poverty. They were men of feeling and kindly impulse, not of abstract principles. They gave their cheerful alms to the mendicants, and spread a bounteous board for their neighbours. Fools that they were!

How is it that they did not recognize the mendicant to be an impostor and a drone, or bethink them that the money with which they feasted their neighbour might have purchased a field? It was because they were warm-hearted, warm-blooded men, and not mere calculating machines.

They were glorious creatures, with thews and sinews, and they made their country great and powerful among the nations of the world; but they never paused to denounce the cost of a dinner, or to grudge a flowing bowl to their kinsfolk and neighbours. Besides, our Pharisees of reform conveniently forget that the copious banquets at which they turn up their envious eyes are mostly defrayed from private funds.

The sheriffs, for instance, derive no aid from public moneys; their own fortunes provide the means for handsomely entertaining friends and strangers, and for dispensing open-handed charity. The Lord Mayor himself almost invariably draws upon his own resources to a large amount, in order to maintain the ancient reputation and actual present influence of the City of London. Demolish Gog and Magog, put down the civic banquets, break up and melt down the weighty and many-linked chains of solid gold round the neck of my lord mayor and the sheriffs, strip off the aldermen's gowns, make a bonfire of the gilded carriages, wring, if you will, the necks of both swans and cygnets.

It is all vanity and vexation. Man is an intellectual animal: he wants none of these gewgaws. Alas! Wisdom may cry aloud in the streets, but no one will heed her words if she speaks beyond his comprehension.

In theory, these Pecksniffs of retrenchment might possibly be correct if mankind had attained the same degree of marble indifference with themselves. In the mean time, while we are honest and true, it is good to be merry and wise.

Pa.s.sing lightly over the intervening reigns, we now arrive at that of James I., who granted three very valuable charters to the Corporation of London. The first alludes to the immemorial right of the mayor and commonalty to the conservancy of the Thames, and to the metage of all coals, grain, salt, fruit, vegetables, and other merchandise sold by measure, delivered at the port of London. Of the exact nature of these privileges and of their beneficial operation, so far as public interests are concerned, we shall have occasion to speak hereafter, merely premising in this place that they have been enjoyed "from time whereof the memory of man runneth not to the contrary." The second charter, after confirming former liberties, enlarges the limits of the civic jurisdiction and ordains that the mayor, recorder, and two aldermen, shall be justices of oyer and terminer. The third one is simply an amplification of the preceding two, and clears up various doubts as to the weighing and measuring of coals: both offices are granted or confirmed.

The tyrannical and oppressive treatment of the citizens of London by Charles I. is too well known to need more than a pa.s.sing allusion.

Not only did he imprison the aldermen for refusing to act dishonourably towards their fellow-citizens; not only did he make illegal demands and impose arbitrary fines, but he even deprived them of the right of pet.i.tion and remonstrance. Such despotic conduct could not do otherwise than alienate the affection of those who had previously displayed many proofs of their loyalty to the Crown and attachment to the royal person. The City consequently made common cause with the Parliament, freely expending both blood and treasure in defence of the national freedom. Who has mot read with kindling cheeks how the bold 'prentices, armed only with spears, withstood a furious charge of the fiery Rupert at the head of his gallant cavaliers? But though prepared to resist the abuse of the royal prerogative, the citizens were not disposed to transfer their allegiance to a usurper, who, in the name of liberty, trampled liberty under foot. Accordingly we find them consistently opposed to the military absolutism of Cromwell, and among the first to co-operate with Monk in effecting the restoration to the throne of the royal line of Stuart.

The Stuarts, however, like the Bourbons, were incapable of benefiting by the lessons of adversity. It was not long before "the merry monarch" was involved in most unmirthful disputes with the citizens, whom he endeavoured to deprive of their ancient right to elect their own sheriffs. For the moment he partially succeeded, and, encouraged by this success, formed the design of seizing the charters of every corporate borough in the kingdom. The chief difficulty rested with London: if that could be overcome, the smaller cities would fall an easy prey. The law officers of the Crown were accordingly instructed to make out a case to sanction the forfeiture of the city charters.

A double pretext was soon invented. It was stated that nine years before, the Common Council had levied a new scale of tolls on the public markets rebuilt after the great fire, and at a more recent period had printed a libellous pet.i.tion impugning the king's justice.

On these slender pleas a writ of quo warranto was taken out against the City, and the judges, under the undoubted influence of the Court, p.r.o.nounced sentence of forfeiture, although a charter of the 7th Richard II. expressly provides against any forfeiture of the City's liberties notwithstanding any abuse of them whatsoever. This exhibition of violence so terrified the other corporations of the kingdom, that most of them at once tendered the surrender of their franchises, with the ignominious hope of obtaining better terms for themselves. James II. walked in the steps of his brother, and showed even greater determination to destroy the liberties of the nation.

The disaffection of his subjects and the landing of the Prince of Orange warned him, when too late, that he had gone too far. Anxious to make friends in his hour of extremest peril, he despatched the infamous Jefferies to Guildhall to announce the restoration of the ancient privileges of the City. But the citizens were not thus to be cajoled.

No sooner had the king set out to join his forces, than the Court of Aldermen declared themselves in favour of the Prince of Orange, as the champion of civil and religious freedom. The Lord Mayor, the aldermen, and fifty common councillors, had a seat and voice in the convention which p.r.o.nounced the deposition of James, and the elevation to the throne of William and Mary. The first act of the nation was to establish and perpetuate a const.i.tutional form of government, and this was accomplished by pa.s.sing the famous statute known as the Bill of Rights. Experience had proved the vital importance of placing the privileges of the City of London beyond the caprice of the sovereign and the possibility of a coup d'etat. It was therefore declared by Parliament that the judgment pa.s.sed on the quo warranto of Charles II.

was unjust and illegal, and that all the proceedings in the case were informal and void. It was further enacted, "that the mayor, commonalty, and citizens, should for ever thereafter remain a body corporate and politic, without any seizure or forejudger, or being thereof excluded or ousted, upon any pretence of forfeiture or misdemeanour whatsoever, theretofore or thereafter to be done, committed, or suffered." The const.i.tution of the corporation was nevertheless subsequently violated by the statute of 11 Geo. I., which conferred on the livery the elective franchises exercised in common hall. By a still more recent act, 12 & 13 Victoria, the right of voting in the election of aldermen and common councilmen has been further extended and enlarged. It was then enacted that that privilege should belong to every freeman of the City rated at 10 pounds per annum to the police or any other rate, and registered among the voters for the city of London at elections of members to serve in Parliament. Still greater innovations are now in contemplation, in violation of law and usage, and in defiance of prescriptive right, royal charters, and parliamentary statutes.

Audax omnia perpeti, Gens humana ruit per vet.i.tum nefas.*

* The materials for this slight sketch have been gathered from Norton's "History and Franchises of the City of London;" Dr. Brady's learned dissertation on Boroughs; and Herbert's "History of the Twelve Livery Companies."

PART I.

THE CORPORATION AS IT IS.

The Munic.i.p.al Const.i.tution--Lord Mayor--Aldermen--Court of Common Council--Citizens--The Livery Companies--Sheriffs--Law Courts--Public Charities--Conservancy of the Thames--Metage Dues.

In the preceding hasty sketch it has been attempted to trace the rise of London from being the bazaar to a Roman camp to its present position as the capital of the commercial world. It is now worth while to glance at the nature of the munic.i.p.al inst.i.tutions through which it has attained such a proud ascendancy.*

* The authority chiefly consulted for the following statements is Pulling's "Practical Treatise on the Laws, Customs, Usages, and Regulations of the City and Port of London."

Strictly speaking, London cannot be said to possess any original charter, or specific definition of its rights and franchises. Those conferred since the Conquest, without exception, allude directly or indirectly to preceding doc.u.ments of a similar nature. In fact the customs and usages of the City grew out of the ancient Saxon inst.i.tutions, grafted, as they were, on the Roman munic.i.p.al stock.

The City of London represents a county, and as such is divided into hundreds, called wards; each having its own wardmote, presided over by its own alderman. The Lord Mayor, the Court of Aldermen, and the Court of Common Council, together with the incorporated guilds which elect the civic magistrates, form the munic.i.p.al const.i.tution.